McDaniel replied that his actions were justified by cy pres, which “he called a time-honored judicial doctrine that holds that settlement dollars ought to go toward addressing the failings made evident by the lawsuit.”

The larger problem that McDaniel’s actions illuminate is the establishment of an essentially unchecked fourth branch of government in the AG’s office, in which the office seizes for itself executive, legislative, and judicial powers.

McDaniel insists that it is his prerogative both to redirect and to spend public money, powers that are conventionally confined to judges and legislators. McDaniel, although hardly the first AG to exploit the office’s authority for political gain, seems intent on pushing the envelope.

Rep Jane english had a bill that would have brought the cash fund under the legislature. It died in a committee after McDaniels staff spoke against it. Of course the committee was a majority Dems- the same committee that voted to pass the Fayetteville Finger map.